RAMACHANDRA PILLAI Vs. ARUNSCHALATHAMMAL

JUDGEMENT

(1.) One Arumugam had three sons,thanu, Shanmugam and sankaran, and a daughter Ramalakshmi. Shanmugam died in 1942 and his estate devolved upon his daughter Chidambarathammal. By virtue of S. 14 of the Hindu Succession Act, she acquired, when that Act was brought into force an absolute interest in the estate inherited by her from Shanmugam. Chidambarathammal died in February, 195 7, when she was a minor and unmarried. Arunachalathammal, one of the daughters of Ramalakshmi ammal, sister of Shanmugam, commenced an action in the court of the district Munsiff for partition and spearate possession of her 1 /24th share out of the estate of Chidambarathammal. The claim was resisted by the sons of Thanu anil Sankai an-brothers of Shanmugam. The Trial court decreed the claim and that decree was confirmed in second appeal to the High court of Madras.

(2.) In this appeal Mr. Chagla, for the appellant, contends that Arunachalathammal was under the Hindu Succession Act not entitled to a share in the estate of Chidambarathammal. The relevant provisions of the Hindu succession Act, 1956 may be noticed. S. 16 (1) of the Act provides:

(3.) The claimants to the estate of Chidambarathammal fall within clause (4) in Ss. (1) of S. 15, and by virtue of Section 16, Rule 3 the devolution of the property will be in the order and according to the rules as would have applied as if the properly were of Shanmugam and he had died immediately after Chidambarathammal. The claimants to her estste fall within Class II, Item IV of the Schedule to the Act- (1) Mother's son,. (2) Sister's son, (3) Brother's daughter, (4) Sister's daughter.